PARCY CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) This is a group of matters arising from the enforcement of the Rules known as Nautor Rules framed by the Government of Himachal Pradesh in the Revenue Department on September 17, 1968 for the grant of nautor land belonging to the State. These rules have been framed repealing all the previous rules, regulations and Robkars on the subject. These rules have been subsequently amended in the month of August, 1969

(2.) Though the cases covered by this group have their own individual facts, there are many points which are common to many of these matters and, therefore, at the request of the learned Advocates of the parties we have formulated some common points and we propose to dispose them of by this common judgment after hearing the learned Advocates who wanted to address us on these points.

(3.) Before taking up the contentions raised before us, a short reference is required to be made to the rules known as Nautor Rules, 1968. These rules have been framed for the purpose of granting some government land for some specified purposes to certain types of persons. Rule 3 of the Rules provides for definitions, Definition of the expression "Nautor Land", which is relevant, is as under : Nautor Land means the right to utilize with the sanction of the competent authority, waste land owned by the Government outside the towns, outside the reserved and demarcated protected forests, and outside such other areas as may be notified from time to time by the State Government in this behalf for any of the purposes mentioned in rule 5 : Provided that, if the State Government so desires nautor land in any demarcated protected forest may be allowed subject to rules framed under section 32 (g) of the Indian Forest Act : Provided further that the State Government may, if it so desires as an exception in special circumstances grant nautor land in reserved forests as provided under section 23 of the Indian Fosest Act on such terms and conditions as it may, by general or special orders, laydown."